[Federal Register Volume 80, Number 46 (Tuesday, March 10, 2015)]
[Notices]
[Pages 12642-12643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05506]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2011-N-0776]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Reclassification Petitions for Medical Devices
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection
requirements for reclassification petitions for medical devices.
DATES: Submit either electronic or written comments on the collection
of information by May 11, 2015.
ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002, [email protected].
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined
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in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests
or requirements that members of the public submit reports, keep
records, or provide information to a third party. Section 3506(c)(2)(A)
of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to
provide a 60-day notice in the Federal Register concerning each
proposed collection of information, including each proposed extension
of an existing collection of information, before submitting the
collection to OMB for approval. To comply with this requirement, FDA is
publishing notice of the proposed collection of information set forth
in this document.
With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.
Reclassification Petitions for Medical Devices--21 CFR 860.123 (OMB
Control Number 0910-0138)--Extension
Under sections 513(e) and (f), 514(b), 515(b), and 520(l) of the
Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 360c(e) and
(f), 360d(b), 360e(b), and 360j(l)) and part 860 (21 CFR part 860),
subpart C, FDA has responsibility to collect data and information
contained in reclassification petitions. The reclassification
provisions of the FD&C Act allow any person to petition for
reclassification of a device from any of the three classes, i.e., I,
II, and III, to another class. The reclassification content regulation
(Sec. 860.123) requires the submission of valid scientific evidence
demonstrating that the proposed reclassification will provide a
reasonable assurance of safety and effectiveness of the device type for
its indications for use.
The reclassification procedure regulation requires the submission
of specific data when a manufacturer is petitioning for
reclassification. This includes a ``Supplemental Data Sheet,'' Form FDA
3427, and a ``General Device Classification Questionnaire,'' Form FDA
3429. Both forms contain a series of questions concerning the safety
and effectiveness of the device type.
In the Federal Register of March 25, 2014 (79 FR 16252), FDA issued
a proposed rule that would eliminate the need for Forms FDA 3427 and
FDA 3429. However, because the proposed rule has not been finalized, we
continue to include the forms in the burden estimate for this
information collection.
The reclassification provisions of the FD&C Act serve primarily as
a vehicle for manufacturers to seek reclassification from a higher to a
lower class, thereby reducing the regulatory requirements applicable to
a particular device type, or to seek reclassification from a lower to a
higher class, thereby increasing the regulatory requirements applicable
to that device type. If approved, petitions requesting classification
from class III to class II or class I provide an alternative route to
market in lieu of premarket approval for class III devices. If
approved, petitions requesting reclassification from class I or II, to
a different class, may increase requirements.
FDA estimates the burden of this collection of information as
follows:
Table 1--Estimated Annual Reporting Burden \1\
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Number of Average
Activity FDA Form Nos. Number of responses per Total annual burden per Total hours
respondents respondent responses response
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Supporting data for reclassification petition........... .............. 6 1 6 497 2,982
Supplemental Data Sheet................................. 3427 6 1 6 1.5 9
General Device Classification Questionnaire............. 3429 6 1 6 1.5 9
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Total............................................... .............. .............. .............. .............. .............. 3,000
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
Based on reclassification petitions received in the last 3 years,
FDA anticipates that six petitions will be submitted each year. The
time required to prepare and submit a reclassification petition,
including the time needed to assemble supporting data, averages 500
hours per petition. This average is based upon estimates by FDA
administrative and technical staff who: (1) Are familiar with the
requirements for submission of a reclassification petition, (2) have
consulted and advised manufacturers on these requirements, and (3) have
reviewed the documentation submitted.
This document refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 807, subpart E have been
approved under OMB control number 0910-0120 and the collections of
information in 21 CFR part 814, subparts A through E have been approved
under OMB control number 0910-0231.
Dated: March 4, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-05506 Filed 3-9-15; 8:45 am]
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